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(영문) 부산지방법원동부지원 2019.05.02 2019가단203783
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 37,272,53 and KRW 18,950,353 from December 18, 2018 to the day of full payment.

Reasons

1. According to the overall purport of each statement and pleading as to Gap evidence Nos. 1 through 4 (including the additional numbers) and the facts of recognition, it is recognized that Eul Co., Ltd. (hereinafter "foreign company") filed a lawsuit against the defendant for loans, etc. against Busan District Court 2008Gaso437168, Feb. 6, 2009, "the defendant paid to the non-party company 4,645,780 won and 18,950,353 won a year of 25% from Sep. 20, 2008 to the day of full payment." The above judgment becomes final and conclusive at that time, and thereafter, the above claim was transferred in sequence to C and the plaintiff, and that the plaintiff legally notified the defendant of such transfer, and that the plaintiff brought a lawsuit of this case for the suspension of the extinctive prescription of the claim established by the final and conclusive judgment.

2. If so, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum to the Plaintiff, the transferee of the above claim (i.e., 18,950,353 overdue interest of KRW 18,322,180, and December 17, 2018) and 18,950,353, which is the balance of the loan, to the Plaintiff as the transferee of the above claim, within the scope of the interest rate on delay under the above payment order from December 18, 2018 to the day of full payment.

In regard to this, the defendant defenses that the above claim (a claim for judgment) expired by prescription, but the above judgment was clearly made on January 11, 2019 before the lapse of 10 years from February 6, 2009, which was sentenced to the above judgment, and thus, the statute of limitations was interrupted.

Therefore, the defendant's above defense is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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